What to do if trademark expired?
In India even if the mark has been expired, one can apply for its re-registration. If someone else applies for registration for expired trademark as per the prescribed procedure, owner of expired trademark can file objections at the registry, tribunal or appropriate forum.
How do I reinstate an expired trademark?
If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.
How do I claim an abandoned trademark?
If you want rights to an abandoned trademark, the best action is to obtain a federal registration with the USPTO. You can do this by filing an online application on the USPTO’s website, which includes your contact information, a drawing of your mark, a description of the associated goods or services and a filing fee.
What happens if a trademark is abandoned?
Abandoned for failure to respond to office action. Abandoned means that the trademark application is no longer pending and, thus, cannot mature into registration. During the pendency of an application, a trademark examining attorney will issue an office action letter to the correspondence email address of record.
What happens if you don’t renew a trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
Can you use an expired trademark?
Just because a mark is listed as “dead” at the USPTO, does not mean it is available to use without registration, or to register. It’s possible that the registrant of the trademark abandoned the federal trademark registration, but is still using the mark – and so still has common law trademark rights.
Do service marks expire?
A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State’s office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.
Can I refile an abandoned trademark?
Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.
Can you claim an abandoned patent?
The owner of an abandoned patent application in the US can petition to have it revived on the basis that the non-response causing the abandonment was unintential. If it is not revived then you or anyone else could make, sell, and import the invention. Thanks for the quick answer. You are correct.